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xyz_softwareen (IT)     08 November 2014

Can grandmother alone change property will ?

Hello,

My Grand mother have a two brother. In 2011 my all relatives (three elder uncles) make distribution of grand father land.

According to this will my father have a 40% land and my uncle have 60% land. Because my grand mother want to stay with my uncle in village he got 60% share. After her death this will be 50-50%.

My question is this will we have made in 2011 with elder uncle's. My aunt is very bad in nature and she always in the process of take all property. my grand mother is very week and sometimes my aunt hit her. she is not taking care of her. Even when we take my grand mother with us aunt have a some fear so she never allow my grand mother stay more of with us.

Now my question is,  if is it possible that by making some fear my aunt have a made will to give 100% to my uncle and took signature of my grand mother ?? If so then it is valid will after death of my grand mother ??


We have will which is on 20 ruppes stamp paper with signature of my father , uncle , grand mother and three elder uncles. It is not possible to make on name of my father this time because of 40% land. And also land is on common name of my father and uncles name.



 



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 3 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     09 November 2014

If valid will executed previously by ur grand mother is in existence she can make codicil or fresh will by cancelling previous one. If will is executed out of coercion it is invalid n u can challenge its validity in probate.ADV JEEVAN PATIL MUMBAI

xyz_softwareen (IT)     12 November 2014

Thanks for your reply.

Still I am confused. If will is changed then Can I go for court ? What is validity of this type of will?


Is it valid will if it is later taken by my uncle without taking others witness?

kotaruraghu (advocate)     12 November 2014

unless it is her stridhana property it is not at all possible her to write a Will and from the above facts i think it is not her property as it was partitioned and if you are very much worried about your grand mother, then take her back to your home and if the above said property is in joint then file a partition suit. 


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